Fact
File 
 PainSmith
Solicitors Legal Update
Disability
Discrimination Act 1995
Disability
Discrimination Act and Stairs - PainSmith*
Solicitors Legal Update 23 May 2007
A
recent case before the court of Appeal has clarified the
position regarding the Disability Discrimination Act (DDA)
and it application to residential premises.
In
the case of Richmond Court (Swansea) Ltd v Dorothy Williams
the Court of Appeal was asked to consider whether Richmond
Court had discriminated against Mrs Williams by refusing
consent for her to install a stairlift. Mrs Williams is
the owner of a long leasehold of a third floor flat but,
at 81 years old, she has had increasing difficulty negotiating
stairs. She asked her immediate landlord for permission
to install a stairlift in the common stairwell to assist
with her mobility problems which was to be paid for entirely
by a Local Authority grant.
Permission
was refused even though Richmond Court's head landlord had
no objection to the stairlift being installed. The first
judge concluded that discrimination had occurred and this
was appealed to the Court of Appeal. In concluding that
no discrimination had occurred the Court of Appeal raised
some very important points.
The
first of these relates to the duties required in regard
to property under the DDA. An employer is under a positive
duty under the DDA to make physical adjustments to work
premises where a physical feature puts a disabled person
at a disadvantage. The same is not true of residential property.
Just because an individual is disadvantaged by some aspect
of a property there is not an automatic duty to make adjustments
except for certain minor auxiliary features such as furnishings
or door handles.
This
difference in the legislation attracted sharp commentary
from the Court of Appeal and has been the subject of some
criticism in commentary on this case. See for example "The
Legislation Should Raise Its Game" Estates Gazette, 10 February
2007.
The
second point made by the Court was a criticism of the Judge
who initially heard the case and the way he had reasoned
his decision. Usefully, though the Court set out a 5 stage
test which should be used when deciding if there has been
discrimination:
- Identify
the treatment that is alleged to constitute discrimination
- Identify
the reason for that treatment
- Determine
if the reason relates to the person's disability
-
Identify comparable persons to whom the reason does not
apply
- Identify
if the treatment is less favourable than that accorded
to comparable persons
It
was because the treatment of Richmond Court of Mrs Williams
did not satisfy all of these tests that the Court of Appeal
concluded that she had not been discriminated against. Specifically,
Richmond Court made clear that no person, whatever the reason,
would ever be allowed to install a stair lift in the property
and, as this was not challenged by Mrs Williams, there was
clearly no discrimination in this matter.
The
full judgement of the Court of Appeal in this matter can
be found at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1719.html.
Dr David Smith is a trainee solicitor with PainSmith Solicitors,
a niche practice specialising in residential landlord and
tenant law. He can be contacted on 01420 565310 or by email
at david@painsmith.co.uk.
PainSmith
Solicitors Legal Updates are provided for information only
and are not legal advice. If you do have a legal problem,
you should talk to a lawyer or adviser before making a decision
about what to do. You may wish to use the CLS/CDS Directory
(www.justask.org.uk/public/en/directory) to locate an adviser.
The information provided here is written for people resident
in, or affected by, the laws of England and Wales only.
You should note that date given in the update and be aware
that the information given may become inaccurate due to
changes in the law or its implementation.
____________________________________________
*
PainSmith Solicitors are a niche practice
specialising in Landlord and Tenant Law. Based in Medstead
in Hampshire, they are ideally situated to provide an efficient
service to clients nationwide as well as those based in
Central London and the Home Counties.
|
